Hours before he takes the oath of office, President-Elect Joe Biden released details of the immigration bill his administration will send to Congress. The fact sheet distributed by his office reveals a bold bill that provides a pathway to citizenship for 11 million undocumented people in the US, with priority for Dreamers, TPS holders and immigrant farmworkers. The bill seeks to make more visas available and expand migration opportunities for Science, Technology, Engineering and Mathematics graduates.
The law as passed by Congress is very clear as to who may seek asylum in the United States. Immigration & Nationality Act Section 208 states: Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable section 235(b).
It’s another rough day to be an immigration attorney in America. Yesterday, a decision was issued that seriously undermines the ability of immigrants to seek asylum in this country. The administration is continuing its war against immigrants, building its invisible wall to complement the one they want to put on the border and finding new ways to keep immigrants from coming here or from obtaining protections. A crazy thing about our immigration system it is that the Immigration Courts are entirely under the control of the Department of Justice (DOJ).
On May 4, 1970, U.S. National Guardsmen shot and killed four people protesting the Vietnam War. The massacre, known as the Kent State shootings, topped a tumultuous decade that spurred a lot of violence against those making then-controversial claims to civil rights. In the aftermath of the shooting, many Americans blamed the protesting students and cited violations of law allegedly committed by the protestors. What was not in dispute was that four young people lost their lives that day at the hand of troops acting under the flag of the United States.
We have heard a lot about the “Caravan” of immigrants making its way north through Mexico from the Northern Triangle- El Salvador, Honduras and Guatemala- of Central America. Once numbering over 1200 people, the remaining 150-200 members Caravan arrived at the U.S. border to request refuge in the United States. When they got there, they were told that the U.S. was full. There was not even a manger to house them.
It can be so hard to stay positive as an immigration attorney in times like these. Every day, we face new assaults from the president, the attorney general, the Department of Homeland Security, and the Department of Justice. This week, we learned that the attorney general is attempting to circumvent due process by telling immigration judges to reject asylum petitions without a full hearing if, upon initial review, they appear to be fraudulent or unlikely to succeed.
This month, we are pleased to honor Angie Salguero as our Client of the Month. Angie, a transgender woman from El Salvador, won her case for asylum last month in front of the immigration judge in Baltimore, MD. Angie’s story of violence and persecution from a very young age included physical abuse by the police and gangs, the loss of family, a dangerous trip to the United States, and stay in immigration detention.
This month we are thrilled to recognize Milan Stankovic as our client of the month. After filing his I-589 asylum application and three evidentiary filings, several hours of grueling interviews, numerous status inquiries, and six long years of seeking protection in the United States, Milan has finally been granted asylum. Milan, previously a professional soccer player and small business owner in his home country of Serbia, fled his home in 2011 following years of brutal violence against him.
I’m Sophie Macklem-Johnson, and I am about to be a senior at Grinnell College (Dree’s alma mater). I am majoring in History and Spanish, and have a concentration in Latin American Studies. I have been speaking Spanish and learning about Latin America since I was started Kindergarten at a Spanish immersion elementary school in Minnesota. I am sure my parents couldn’t have foreseen how much of an impact their decision to send me to this public school rather than the one in our neighborhood would have on my worldview, values, and career aspirations.
My name is Jane Vukmer, and I am a third-year student at the University of New Hampshire School of Law. This summer, I worked as the Trans Asylum Fellow for Benach Collopy and Whitman-Walker. The Benach Collopy and Whitman-Walker legal partnership provides pro bono legal services to transgender asylum seekers who have been victimized, abused, tortured, and persecuted in their country of origin. I have had the great privilege to work on seventeen different asylum cases involving transgender women from Central America who fled their country due to persecution based on gender identity.